Harold and Wanda purchase a home in Omaha, Nebraska. The deed conveys the property to them as joint tenants with the right of survivorship. Harold later takes out a judgment lien against his interest to secure a personal debt. Harold dies before the debt is paid. Which of the following best describes the effect of the judgment lien on Wanda's ownership?
Correct Answer
B) The judgment lien is extinguished upon Harold's death and Wanda takes the property free of the lien
Under Nebraska law and the majority rule applied by Nebraska courts, a judgment lien against one joint tenant's interest does not sever the joint tenancy. When Harold dies, Wanda's right of survivorship is superior to the judgment creditor's lien. Harold's interest ceases to exist at the moment of his death — it is extinguished, not transferred — so there is nothing for the lien to attach to after death. Wanda takes the entire property free and clear of the judgment lien against Harold's former interest.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Community property is a form of ownership recognized in certain states where property acquired during marriage is considered equally owned by both spouses, regardless of who earned the money or whose name is on the title.
Condominium ownership involves owning a unit of airspace within a multi-unit building plus an undivided interest in the common elements shared with other unit owners. Each unit is separately taxed and financed.
In a cooperative (co-op), the building is owned by a corporation, and residents purchase shares of stock in the corporation that entitle them to a proprietary lease on a specific unit. Residents are shareholders, not property owners.
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